§ 81-6. Application for permits., Chapter 81. Wetlands and Waterways, Land Use Legislation, Code of Ordinances, Brookhaven

Any person proposing to conduct or cause to be conducted a regulated activity upon any wetland, waterway or jurisdictional area shall file a permit application, on such forms as shall be supplied by the Division of Environmental Protection for the activity, with the Director or the designee of the Director. Such application shall include a:

(1)

Completed wetlands and waterways application form signed by either the applicant or owner of the property;

(2)

Statement of authority from the owner for any agent making application;

(3)

Complete project plans for the proposed activity, which shall be a stamped survey or plan certified by an engineer, architect or landscape architect, or any other professional licensed or authorized to prepare such plan under Education Law Article 130 unless said certification is waived by the Director or the designee of the Director, drawn to a suitable scale, as determined by the Director or the designee of the Director. The following shall be indicated on the project plan and/or a survey, as applicable:

(a)

The location of all wetlands, including the date they were flagged, if different than the date of the survey, and by whom and their affiliation. The wetland areas will be denoted on the survey by an appropriate vegetative symbol; the name of the adjoining waterway (if applicable), the apparent high water line and apparent low water line, if tidally influenced, on the project property as they existed no earlier than 36 months prior to the date of filing the application unless waived by the Director or the designee of the Director;

(b)

For any new residential structure or additions to structures that increase habitable living area, a cross-section of a test hole or boring (not less than five years old) indicating the location of the boring on the survey, the elevation at the site of the boring, the depth to groundwater and the types of soils identified;

(c)

For any new residential structure or the addition to such that increases habitable living area, a cross-sectional view of the existing and/or proposed septic system. All new systems must be in conformance to the rules and regulations of the Suffolk County Department of Health Services and, at the discretion of the Director or the designee of the Director, an existing septic system may require cross-sectional diagrams certified by an engineer;

(d)

The location of the construction area and the associated area that may be disturbed during construction, and their relation to property lines, roads, buildings and watercourses located adjacent to the project;

(e)

The locations, elevations, depth of excavation and specifications for all proposed draining, fill, grading, dredging and vegetation removal activities and the procedures to be used;

(f)

For structures located within a waterway such as docks, the width of the waterway as measured from the apparent low water mark on one shoreline to the opposite apparent low water mark shoreline at the point of construction, and soundings, corrected for low tide (verified by indicating the time and date taken on the project plan or survey) every 10 feet along the entire length of the structure, including any mooring pile, and the location of any significant ecological features such as tidal wetlands vegetation or submerged aquatic vegetation;

(g)

Existing and proposed contours in Town, USGS or NGV datum at a minimum of two-foot intervals for the proposed project property, and to a distance of 20 feet beyond the limit of the property unless otherwise specified by the Director or the designee of the Director;

(h)

A drainage system capable of holding and recharging two inches of rainfall from all structures and impervious surfaces on the project site in addition to the capacity necessary for the overflow of any swimming pool (above ground or in-ground) and filter back flush;

(i)

Properties located in a flood zone as defined by Chapter 33 (Flood Damage Protection) of the Town Code must annotate the flood zone designation, the requirements of said flood zone and if multiple zones cross the property, the boundary and the base flood elevation of each flood zone must be indicated; and

(j)

Complete construction details prepared and certified by a licensed engineer or architect unless waived by the Director or the designee of the Director.

(4)

A completed full environmental assessment form as required pursuant to Part 617, Section(s) 617.6 of the SEQRA (State Environmental Quality Review Act, 6 NYCRR Part 617) regulations;

(5)

Copies of all applicable federal, state, county, or village permits or proof of permit applications that are required for such work;

(6)

All permit applicants shall submit to the Director or the designee of the Director a notarized affidavit signed by the owner of the project property and the contract vendee, if applicable, which indemnifies and holds harmless the Town of Brookhaven from any claims arising out of or connected with operations under the permit and from all acts, omissions, commissions or negligence on the part of the applicant, his agents or employees, in such form as shall be approved by the Town Attorney;

(7)

For those actions that are listed in § 81-7, § 81-9, or any proposed action which does not conform to the standards for approval listed in § 81-14, the applicant must propose and agree to, in writing, mitigation measures as described in § 81-15I, or other practicable alternatives acceptable to the Director that will offset the environmental impacts associated with the proposed activity;

(8)

Applications to install a new structural shore protection device must include a narrative that:

(a)

Describes the applicability to utilize nonstructural shore protection devices in lieu of a structural shore protection device;

(b)

Details why the use of nonstructural shore protection devices are not practical and will not be effective in the proposed location; and

(c)

Describes how the proposed structural shore protection devices are designed, located and installed in a manner that best minimizes the potential adverse impact of the structure to the shoreline and adjacent area, provides for the conservation of fish and plant habitat, and is practical and effective.

(9)

The applicant shall submit such further application requirements as specified by the Director or the designee of the Director as are deemed necessary to effectuate the provisions and intent of this chapter. Said requirements may include, but are not limited to, permission to physically inspect the subject parcel by personnel of the Town of Brookhaven prior to, during and following completion of the permitted activity. Furthermore, the applicant shall have the burden of demonstrating that the proposed activity will be in accordance with the policies and provisions of this chapter.